Case: 1:15-cv-00551 Document #: 1 Filed: 01/20/15 Page 1 of 58 PageID #:1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RIGHT FIELD ROOFTOPS, LLC, ) d/b/a SKYBOX ON SHEFFIELD; ) RIGHT FIELD PROPERTIES, LLC; ) 3633 ROOFTOP MANAGEMENT, LLC, ) d/b/a LAKEVIEW BASEBALL CLUB; and ) ROOFTOP ACQUISITION, LLC, ) Case No. ) Plaintiffs, ) Hon. ) v. ) Magistrate ) CHICAGO BASEBALL HOLDINGS, LLC; ) JURY TRIAL DEMANDED CHICAGO CUBS BASEBALL CLUB, LLC; ) WRIGLEY FIELD HOLDINGS, LLC; and ) THOMAS S. RICKETTS, ) ) Defendants. ) COMPLAINT NOW COME the plaintiffs, (i) Right Field Rooftops, LLC, d/b/a Skybox on Sheffield, (ii) Right Field Properties, LLC, (iii) 3633 Rooftop Management, LLC, d/b/a Lakeview Baseball Club, and (iv) Rooftop Acquisition, LLC (collectively, the “Plaintiffs”), by and through their attorneys, Thomas M. Lombardo and Abraham Brustein of the law firm of Di Monte & Lizak, LLC, and for their Complaint against the defendants, Chicago Baseball Holdings, LLC, Chicago Cubs Baseball Club, LLC, Wrigley Field Holdings, LLC and Thomas S. Ricketts (collectively, the “Defendants”), state as follows: THE PARTIES 1. Plaintiff Right Field Rooftops, LLC, d/b/a Skybox on Sheffield (“Skybox”), is an Illinois limited liability company with a usual place of business at 3627 N. Sheffield Avenue, Chicago, Illinois 60613 (the “3627 Sheffield Property”), and it is the lessee of the 3627 Sheffield Case: 1:15-cv-00551 Document #: 1 Filed: 01/20/15 Page 2 of 58 PageID #:2 Property where it sells food, drink, and the ability to view professional baseball games and other events at Wrigley Field to the consumer public for a fee. 2. Plaintiff Right Field Properties, LLC (“3627 Owner”) is an Illinois limited liability company with a usual place of business at 3627 N. Sheffield Avenue, Chicago, Illinois 60613 and is the owner of the 3627 Sheffield Property. 3. Plaintiff 3633 Rooftop Management, LLC, d/b/a Lakeview Baseball Club (“Lakeview Club”, together with Skybox, the “Plaintiff Rooftop Businesses”), is an Illinois limited liability company with a usual place of business at 3633 N. Sheffield Avenue, Chicago, Illinois 60613 (the “3633 Sheffield Property”) and it is the lessee of the 3633 Sheffield Property where it sells food, drink, and the ability to view professional baseball games and other events at Wrigley Field to the consumer public for a fee. 4. Plaintiff Rooftop Acquisition, LLC (“3633 Owner,” together with 3627 Owner, the “Plaintiff Rooftop Properties”) is an Illinois limited liability company with a usual place of business at 3633 N. Sheffield Avenue, Chicago, Illinois 60613 and is the owner of the 3633 Sheffield Property. 5. Defendant Chicago Cubs Baseball Club, LLC is a Delaware limited liability company with a usual place of business at 1060 W. Addison Street, Chicago, Illinois 60613. 6. Defendant Wrigley Field Holdings, LLC is a Delaware limited liability company with a usual place of business at 1060 W. Addison Street, Chicago, Illinois 60613. 7. Defendant Chicago Baseball Holdings, LLC is a Delaware limited liability company with a usual place of business at 1060 W. Addison Street, Chicago, Illinois 60613. 8. Defendant Thomas S. Ricketts (“Ricketts”) is an individual who, upon information and belief, resides in Wilmette, Cook County, Illinois. 2 Case: 1:15-cv-00551 Document #: 1 Filed: 01/20/15 Page 3 of 58 PageID #:3 JURISDICTION AND VENUE 9. Pursuant to 28 U.S.C. § 1331, this Court has original jurisdiction over those claims herein which arise under the Sherman Act, found at 15 U.S.C. § 1 et seq., and under the Lanham Act, found at 15 U.S.C. § 1051 et seq. 10. Pursuant to 28 U.S.C. § 1367(a), this Court has supplemental jurisdiction over those claims herein which arise under state law, as those state law claims form part of the same case or controversy as the federal claims arising under the Sherman Act and Lanham Act. 11. Pursuant to 28 U.S.C. § 1391(b)(2), venue is proper in this Court because a substantial part of the events or omissions giving rise to the claims herein occurred within this judicial district, and the properties that are the subject of the claims herein are located in this judicial district. THE HISTORY OF WRIGLEY FIELD AND THE ROOFTOPS 12. In 1914, a stadium was constructed at the Northwest corner of Clark Street and Addison Street in Chicago, Illinois to serve as the home of the minor league Chicago Federals. Originally known as Weeghman Park, the stadium was eventually renamed and continues to be known as “Wrigley Field.” 13. In addition to Clark Street to the West and Addison Street to the South, Wrigley Field is bordered by Sheffield Avenue to the East, and Waveland Avenue to the North. 14. After the Chicago Federals disbanded, Wrigley Field became home to professional baseball’s Chicago Cubs (the “Cubs”), which began playing at Wrigley Field in 1916. 15. Since Wrigley Field’s construction, and at all times thereafter, a number of mostly 3-flat apartment buildings existed across from Wrigley Field on both Sheffield Avenue and 3 Case: 1:15-cv-00551 Document #: 1 Filed: 01/20/15 Page 4 of 58 PageID #:4 Waveland Avenue, from which rooftops spectators could easily view the events taking place inside Wrigley Field. Indeed, spectators were on these rooftops when then-Weeghman Park first opened its doors on April 23, 1914. 16. From its earliest days, baseball games and other events at Wrigley Field were watched and enjoyed by spectators from the apartments and rooftops of the buildings on Sheffield Avenue and Waveland Avenue. 17. During the 1929 World Series, the rooftops on Sheffield Avenue and Waveland Avenue were packed with spectators. 18. During the 1938 World Series, the rooftops were filled with paying spectators. Indeed, even the apartments themselves were crowded with spectators attempting to watch the games, sometimes from ladders if the fans could not get a spot at the window. 19. Although a fence and non-permanent grandstands were constructed and dismantled from time to time in different areas of the Wrigley Field outfield before 1937, they did not obstruct the views from the rooftops on Waveland Avenue and Sheffield Avenue. 20. In 1937, a new brick wall and concrete bleachers were constructed in Wrigley Field’s outfield along Sheffield Avenue and Waveland Avenue. 21. The concrete bleachers and brick wall constructed in 1937 did not obstruct the views of Wrigley Field from the rooftops on Waveland Avenue and Sheffield Avenue, and spectators continued to watch baseball games and other events from those rooftops and apartments for nearly seventy more years. 22. A defining characteristic of the original concrete bleachers was their distinctive “sweep,” with the bleachers tallest in center field, then gradually decreasing in height outwards towards the left and right field foul poles. 4 Case: 1:15-cv-00551 Document #: 1 Filed: 01/20/15 Page 5 of 58 PageID #:5 23. Beginning in the mid-1980’s, the rooftop owners gradually transformed their original flat-topped roofs into bleacher-style grandstands, and began to form rooftop business entities to serve a growing market for viewing Cubs games and other Wrigley Field events from the rooftops (the “Rooftop Businesses”). 24. In 1998, the City of Chicago (the “City”) enacted an ordinance formally authorizing the Rooftop Businesses to operate as special clubs under license from the City (a “Club License”). The Cubs did not object to this ordinance, nor to the numerous subsequent applications by Rooftop Businesses to obtain Club Licenses. By 2002, there were at least eleven Rooftop Businesses operating under Club Licenses. 25. Skybox and Lakeview Club each hold Club Licenses to operate the Plaintiff Rooftop Businesses. 26. By the late 1990’s and early 2000’s, most of the Rooftop Businesses on Waveland Avenue and Sheffield Avenue were thriving businesses, creating hundreds of jobs and providing consumers with an opportunity to watch Cubs games and other Wrigley Field events. 27. The rooftops on Sheffield Avenue and Waveland Avenue are an integral part of Wrigley Field and Chicago Cubs history. For example, the 1985 Chicago Cubs Official Yearbook includes photographs of crowds of fans watching baseball games from the rooftops. In 1993, Cincinnati Reds pitcher and World Series Champion Tom Browning famously snuck out of Wrigley Field during a baseball game and later appeared, still in full uniform, on a Sheffield Avenue rooftop where he waived to his teammates and television cameras. 28. Indeed, throughout the 1980’s and 1990’s, the Cubs regularly used the rooftops in a wide variety of marketing materials and profitable souvenir and collectible products. 5 Case: 1:15-cv-00551 Document #: 1 Filed: 01/20/15 Page 6 of 58 PageID #:6 29. Harry Caray, the most beloved and famous of Chicago Cubs announcers, who served from 1982 to 1997, would regularly comment on-air, “Look at the rooftops!” He was also quoted as stating, “That’s one of the mystiques of Wrigley Field. You look out and you see them on the rooftops, drinking, eating some barbecue, having fun…” 30. The significance of the rooftops to Wrigley Field, the Cubs, and the City, was formally recognized and memorialized during the City’s landmarking process for Wrigley Field, which began in 2000. 31. The City’s Landmark Designation Report, originally dated November 1, 2000 and revised on March 6, 2003, repeatedly cited the rooftops as being a significant contributing factor to the eventual landmark designation. For example, the Landmark Designation Report states: Due to the varying height of the bleachers, which slope downward form the center, a portion of the ballpark—as seen from inside—is visually enclosed by the row of buildings that face Waveland and Sheffield Avenues, opposite the ballpark.